The Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001

Regulation 1(3)

SCHEDULE 1 Postcode Districts

• BT62, but only the following parts:

  • 1LU, 1LY, 1NH, 1NR, 1TH, 1TJ and 1TQ.

• BT68 and BT69.

• BT70, but only the following parts:

  • 1A, 1B, 1D, 1E, 1H, 1J, 1L, 1N, 1P, 1QA to 1QJ, 1QP to 1QZ, 1R, 1S, 1T, 1U, 1XE, 2AA to 2AJ, 2AN to 2AZ, 2B, 2DA to 2DF, 2DH to 2DQ, 2DZ, 2EB, 2EE, 2EY, 2EZ, 2H, 2J, 2L, 2N, 2P, 2Q, 2RA to 2RG, 2RL, 2RN, 2RP, 2RW, 2RX, 2RZ, 2SA, 2SB, 2SE, 2SF, 2SJ, 2TB to 2TZ, 2UA to 2UR, 3A, 3B, 3D, 3E, 3H, 3JA, 3JB, 3JR to 3JU, 3JX, 3JZ, 3LG to 3LY, 3N and 3P.

• BT71, but only the following parts:

  • 4A, 4BA to 4BR, 4BW, 4DJ to 4DP, 4DR to 4DZ, 4EA to 4EJ, 4EN to 4EU, 4HB to 4HZ, 4J, 4L, 4N, 4P, 4Q, 4R, 4S, 4T, 5BX, 5BY, 5DA to 5DY, 5EE to 5EQ, 5JS, 5JU, 5JX, 5JZ, 5PX, 5PZ, 5QB, 5QD, 5QE, 5QJ, 5QQ, 6A, 6BA to 6BT, 6BW to 6BZ, 6D, 6E, 6F, 6HA to 6HS, 6HW, 6HY, 6HZ, 6J, 6LA to 6LW, 6NH, 6NL to 6NP, 6NR to 6NX, 6PB, to 6PE, 6PG to 6PT, 6PX to 6PZ, 6Q, 6RA to 6RL, 6RQ, 6RT, 6SG to 6SJ, 6SQ, 6TL, 6TP, 6XD, 7A, 7B, 7DA to 7DT, 7DW, 7DZ, 7EN, 7EP, 7ER to 7EW, 7EY, 7EZ, 7HA, 7HG, 7HP, 7HR, 7HS, 7JN, 7JP, 7JS to 7JZ, 7LA to 7LH, 7LQ, 7LX, 7NS, 7NU, 7NX to 7NZ, 7P, 7Q and 7R.

• BT77, but only the following parts:

  • 0AP, 0AR, 0AY, 0AZ, 0BB to 0BY, 0DE to 0DH, 0DQ, 0EA, 0ED to 0ER, 0EW to 0EY and 0HA.

• BT78, but only the following part:

  • 2SA.

• BT80, but only the following parts:

  • 9BS and 9BU.

Regulation 15(1)

SCHEDULE 2 Housing Benefit Amendments

1.  The Housing Benefit Regulations shall be amended in accordance with paragraphs 2 to 6.

2.  In regulation 2(1) (interpretation), after the definition of “voluntary organisation”(1), there shall be inserted the following definitions—

““work-focused interview” has the meaning it has in regulation 2 of the Work-focused Interviews Regulations;

“the Work-focused Interviews Regulations” means the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001;”.

3.—(1) In regulation 68(1)(2) (date on which change of circumstances is to take effect) for “applies” there shall be substituted “or regulation 68A applies”.

(2) After regulation 68 there shall be inserted the following regulation—

“Date of change of circumstances following decision as to whether a person took part in a work-focused interview

68A.— (1) Where the relevant change of circumstances is a decision made in accordance with regulation 11 of the Work-focused Interviews Regulations as to whether a person took part in a work-focused interview, the date on which the change of circumstances is to take effect shall be determined in accordance with paragraphs (2) to (5).

(2) Where the relevant change of circumstances is that the consequences specified in regulation 11(2)(b) or (c) of the Work-focused Interviews Regulations apply, the change shall take effect as from the first day of the next benefit week following the date of the decision that the claimant failed without good cause to take part in a work-focused interview.

(3) Where the relevant change of circumstances is that the claimant attains the age of 60 or ceases to reside in a postcode district specified in Schedule 1 to the Work-focused Interviews Regulations, the date on which the change of circumstances is to take effect is the first day of the next benefit week to commence for that person following the date the decision was made or the circumstance occurred.

(4) Where the relevant change of circumstances is a decision that the consequences specified in paragraph (2) which applied to the claimant no longer apply, the date on which the change of circumstances is to take effect is the day on which it would have had effect had the revised decision been made on the date of the decision it revised.

(5) Where a person—

(a) has been held not to have taken part in a work-focused interview;

(b) in consequence of that decision suffers a reduction in benefit; and

(c) subsequently takes part in a work-focused interview,

the date on which the change of circumstances is to have effect is the first day of the benefit week in which the requirement to take part in the interview was met.”.

4.  In regulation 79 (review of determinations)—

(a) in paragraph (1), for “and (1B)”(3), there shall be substituted “, (1B) and (1C)”;

(b) after paragraph (1B)(4), there shall be inserted the following paragraph—

“(1C) A determination or decision that a person did or did not take part in a work-focused interview and if he did not whether he had good cause for not doing so, shall not be reviewed.”.

5.  In regulation 81 (further review of determinations)—

(a) in paragraph (3), at the beginning, there shall be inserted “Subject to paragraph (5),”;

(b) after paragraph (4), there shall be added the following paragraph—

“(5) A determination or a decision that a person did or did not take part in a work-focused interview and if he did not whether he had good cause for not doing so, shall not be reviewed by a Review Board.”.

6.  In Schedule 6 (matters to be included in the Notice of Determination), the following Part shall be added at the end—

“Part VIII

Notice following a decision on a work-focused interview

15.— (1) This Part applies in a case where a decision has been made in accordance with regulation 11 of the Work-focused Interviews Regulations that a person has failed to take part in a work-focused interview.

(2) In a case where one of the consequences specified in sub-paragraph (3) and (4) apply, the notice of determination shall include a statement as to the person’s right of appeal against the decision that he failed to take part in a work-focused interview.

(3) In a case where the consequence of the failure to take part is that the entitlement to housing benefit terminates, the notice of determination shall include a statement as to—

(a) the last date of the entitlement to housing benefit;

(b) the reason entitlement terminated.

(4) In a case where the consequence of the failure to take part is that the amount of housing benefit payable is reduced, the notice of determination shall include a statement as to—

(a) the amount by which the housing benefit is reduced;

(b) the date from which the reduction takes effect; and

(c) the reason for the reduction.

(5) In a case where a new decision is made reversing an earlier decision that a person failed to take part in a work-focused interview, the notice of determination shall include a statement as to—

(a) the date from which the consequences of the failure cease to apply; and

(b) the reason for the new decision.”.

Regulation 15(2)

SCHEDULE 3 Claims and Payments Amendments

1.  The Claims and Payments Regulations shall be amended in accordance with paragraphs 2 to 4.

2.  In regulation 4 (making a claim for benefit) after paragraph (1C)(5) there shall be inserted the following paragraph—

“(1D) In calculating any period of one month for the purposes of paragraph (7) and regulation 6(1A)(b)(6), there shall be disregarded any period commencing on, and including, a day on which a person is first notified of a decision that he failed to take part in a work-focused interview and ending on a day on which he was notified that that decision has been revised so that the decision as revised is that he did take part.”.

3.  In regulation 6(1)(7) (date of claim) after “this regulation” there shall be inserted “or regulation 6A”.

4.  After regulation 6, there shall be inserted the following regulation—

“Claims by persons subject to work-focused interviews

6A.— (1) This regulation applies to any person who is required to take part in a work-focused interview in accordance with regulation 3 of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001 (“the Work-focused Interviews Regulations”).

(2) Subject to the following provisions of this regulation, where a person takes part in a work-focused interview, the date on which the claim is made shall be—

(a) in a case where—

(i) the claim made by the claimant meets the requirements of regulation 4(1), or

(ii) the claim made by the claimant is for income support and meets the requirements of regulation 4(1A)(8),

the date on which the claim is received in the appropriate office;

(b) in a case where the claim does not meet the requirements of regulation 4(1) but is treated, under regulation 4(7), as having been duly made, the date on which the claim was treated as received in the appropriate office in the first instance;

(c) in a case where—

(i) first notification of intention to claim income support is made to an appropriate office, or

(ii) a claim for income support is received in an appropriate office which does not meet the requirements of regulation 4(1A),

the date of notification or, as the case may be, the date the claim is first received where the properly completed claim form is received within one month of notification or the date the claim is first received, or the day on which a properly completed claim form is received where those requirements are not met.

(3) In a case where a decision is made that a person is regarded as not having made a claim for any benefit because he failed to take part in a work-focused interview but subsequently claims such a benefit, in applying paragraph (2) to that claim no regard shall be had to any claim regarded as not having been made in consequence of that decision.

(4) Paragraph (2) shall not apply in any case where a decision has been made that the claimant has failed to take part in a work-focused interview.

(5) In regulation 4 and this regulation, “work-focused interview” has the meaning it has in regulation 2 of the Work-focused Interviews Regulations.”.

Regulation 15(3)

SCHEDULE 4 Decisions and Appeals

1.  The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999(9) shall be amended in accordance with paragraphs 2 to 7.

2.  In regulation 1(2) (interpretation)—

(a) after the definition of “the date of notification” there shall be inserted the following definition—

““designated authority” has the meaning it has in regulation 1(2) of the Work-focused Interviews Regulations;”;

(b) for the definition of “official error”(10) there shall be substituted the following definition—

““official error” means an error made by—

(a)

an officer of the Department, the Board or the Department of Higher and Further Education, Training and Employment acting as such which no person outside any of those Departments or the Board caused or to which no person outside any of those Departments or the Board materially contributed;

(b)

a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,

but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of a Commissioner or the court;”;

(c) after the definition of “referral” there shall be inserted the following definition—

““relevant authority” means the Department, the Department of Higher and Further Education, Training and Employment or a person providing services to either of those Departments;”;

(d) after the definition of “widowed parent’s allowance”(11) there shall be inserted the following definitions—

““work-focused interview” has the same meaning as in regulation 2 of the Work-focused Interviews Regulations;

“the Work-focused Interviews Regulations” means the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001(12).”.

3.  In regulation 3 (revision of decisions)—

(a) after paragraph (6) there shall be inserted the following paragraph—

“(6A) A relevant decision within the meaning of section 2B(2) of the Administration Act(13) may be revised at any time if it contains an error.”;

(b) in paragraph (11), after sub-paragraph (d)(14) there shall be added—

“or

(e) in the case of a relevant person within the meaning of regulation 1(3) of the Work-focused Interviews Regulations, an office of any relevant authority which displays the

logo.”.

4.  In regulation 6(2) (supersession of decisions), after sub-paragraph (g(15)) there shall be added—

“or

(h) is one in respect of a person who—

(i) is subsequently the subject of a separate decision or determination as to whether or not he took part in a work-focused interview;

(ii) had been held not to have taken part in a work-focused interview but who had, subsequent to the decision to be superseded, attained the age of 60 or ceased to reside in a postcode district specified in Schedule 1 to the Work-focused Interviews Regulations.”.

5.  In regulation 7 (date from which a decision superseded under Article 11 takes effect), after paragraph (24) there shall be added the following paragraphs—

“(25) In a case where a decision (“the first decision”) has been made that a person failed without good cause to take part in a work-focused interview, the decision under Article 11 shall take effect as from the first day of the benefit week to commence for that person following the date of the first decision.

(26) In paragraph (25), “benefit week” means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid.”.

6.  In regulation 33(1)(b)(16) (making of appeals and applications) after head (ii) there shall be inserted the following head—

“(iia) in a case where the decision appealed against was a decision arising from a claim made at an office of a relevant authority displaying the

logo, that office,”.

7.  In Schedule 1(decisions against which no appeal lies), after paragraph 23 there shall be added the following paragraph—

“Work-focused Interviews

24.   Any decision treated as a decision of the Department or of the Department of Higher and Further Education, Training and Employment whether or not to waive or defer a work-focused interview.”.

8.  In regulation 1(2) of the Child Support (Maintenance Assessment Procedure) Regulations (Northern Ireland) 1992(17) (interpretation)—

(a) after the definition of “day to day care” there shall be inserted the following definition—

““designated authority” has the meaning it has in regulation 1(2) of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001;”;

(b) for the definition of “official error”(18) there shall be substituted the following definition—

““official error” means an error made by—

(a)

an officer of the Department acting as such which no person outside the Department caused or to which no person outside the Department materially contributed;

(b)

a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,

but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or the court;”.

9.  In regulation 1(2) of the Child Support Departure Direction and Consequential Amendments Regulations (Northern Ireland) 1996(19) (interpretation)—

(a) after the definition of “departure direction application form” there shall be inserted the following definition—

““designated authority” has the meaning it has in regulation 1(2) of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2001;”;

(b) for the definition of “official error”(20) there shall be substituted the following definition—

““official error” means an error made by—

(a)

an officer of the Department acting as such which no person outside the Department caused or to which no person outside the Department materially contributed;

(b)

a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,

but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or the court;”.

(1)

The definition of “voluntary organisation” was inserted by regulation 2 of S.R. 1995 No.89

(2)

Regulation 68(1) was amended by regulation 6(a) of S.R. 1999 No.416

(3)

Words inserted by regulation 2(2)(a) of S.R. 1993 No. 218

(4)

Paragraph (1B) was inserted by regulation 2(2)(b) of S.R. 1993 No. 218

(5)

Paragraph (1C) was inserted by regulation 3(3)(b) of S.R. 1997 No. 156

(6)

Paragraph (1A) was inserted by regulation 3(4)(b) of S.R. 1997 No. 156

(7)

Regulation 6(1) was amended by regulation 3(4)(a)(i) of S.R. 1997 No. 156

(8)

Paragraph (1A) was inserted by regulation 3(3)(b) of S.R. 1997 No. 156

(9)

S.R. 1999 No.162; relevant amending rules are S.R. 1999 Nos. 267, 271 (C. 22) and 272 and S.R. 2000 No. 215

(10)

The definition of “official error” was amended by Article 3(2)(a)(iii) of S.R. 1999 No. 271 (C.22) and regulation 6(2)(d) of S.R. 2000 No. 215

(11)

Definition of “widowed parent’s allowance” was added by regulation 12(2)(b) of S.R. 2001 No. 108

(12)

S.R. 2001 No. 176

(13)

Section 2B was inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

(14)

Sub-paragraph (d) was added by Article 3(3)(b) of S.R. 1999 No. 271 (C. 22)

(15)

Sub-paragraph (g) was added by regulation 2(4) of S.R. 1999 No. 267

(16)

Sub-paragraph (b) was substituted by Article 3(4) of S.R. 1999 No. 271 (C. 22)

(17)

S.R. 1992 No. 340; relevant amending Regulations are S.R. 1999 No. 167 and S.R. 2000 No. 215

(18)

Definition of “official error”was inserted by regulation 2(2)(a) of S.R. 1999 No.167 and amended by regulation 4(2) of S.R. 2000 No. 215

(19)

S.R. 1996 No. 541; relevant amending Regulations are S.R. 1999 No. 167 and S.R. 2000 No. 215

(20)

Definition of “official error” was inserted by regulation 3(2)(b) of S.R. 1999 No. 167 and amended by regulation 5(2) of S.R. 2000 No. 215